Eiser

The claimant is the party seeking justice, being a natural person or legal entity, who institutes proceedings against the defendant. This is ordinarily done by means of a summons in summons proceedings or an application in petition proceedings.

The term is relevant because the claimant, as a party to the proceedings, formulates the claim, bears the burden of proof and is, in principle, liable for the costs of the proceedings. A correct formulation of the claim and its legal basis is essential in this regard.

In practice, the claimant’s position also shapes the strategy, for example whether or not to apply for interim relief or to prepare a possible counterclaim.